MEMORANDUM OF UNDERSTANDING
BETWEEN
UNITED STATES POSTAL SERVICE
AND
AMERICAN POSTAL WORKERS UNION AFL-CIO
TUCSON AREA LOCAL



HEREFORD, ARIZONA POST OFFICE

2006-2010




TABLE OF CONTENTS

Article 

  • 1.   Separability Clause
  • 2.   Implementation of Changes
  • 3.    Labor-Management Meetings
  • 4.   Wash-up Period
  • 5.   Work Week
  • 6.   Postings
  • 7.   Sections Defined
  • 8.   Holidays
  • 9.   Scheduling of Annual Leave
  • 10. Assignment of Ill or Injured Employees
  • 11. Overtime
  • 12. Notice to Union
  • 13. Termination or Curtailment of Postal Operations


  • ARTICLE 1

    SEPARABILITY CLAUSE

    Should any part of this Memorandum or any provisions contained herein be rendered or declared invalid by reason of any existing or subsequently enacted legislation or by a court of competent jurisdiction, such invalidation of such part or provision of this Memorandum shall not invalidate the remaining portions of this Memorandum, and they shall remain in full force and effect.

    ARTICLE 2

    IMPLEMENTATION OF CHANGES

    Both parties recognize the need for improvement of mail service. 

    The Union will be informed as far in advance as possible of implementation of changes that affect jobs or working conditions.

    ARTICLE 3

    LABOR-MANAGEMENT MEETINGS

        1.   An exchange of agenda items for discussion at scheduled meetings must be submitted no less than seven (7) days in advance. The agendas are to be specific and in detail. Both parties agree that matters not included in the agenda may be made the subject of discussion. Management responses to agenda items that must be researched shall be submitted to the Union no later then seven (7) days after the date of the meeting. 

    2.     The Union representative shall be given an opportunity to verify the minutes of each meeting before they are published.

    3.     Labor/Management meetings will be on a quarterly basis. If no new or old business is available for discussion, it will be noted and a copy forwarded to the Union indicating such.

    ARTICLE 4

    WASH-UP PERIOD

    Employees shall be granted a 5 minute wash-up period prior to lunch and at the end of their tour.

    ARTICLE 5

    WORK WEEK

    Management will make every effort to keep the non-scheduled days concurrent.

    ARTICLE 6

    POSTINGS

        1.     Unless negotiated differently at the local level when the need is required, all designated articles of the National Agreement will be applicable.
     

        2.     Only if the incumbent submits a written request to be relieved will a position be reposted if the starting time exceeds one hour and/or the duties, assignment or scheme responsibility are changed.

    3.     Bids shall be posted for 10 working days and may be accepted up to the end of business (EOB) on the 10th day. Bids shall be posted in a conspicuous place.

    4.     Awards will be posted the following Monday.

    ARTICLE 7

    SECTIONS DEFINED

    For the purposes of excessing, overtime and scheduling of annual leave, the entire Hereford Post Office will be considered one section.


    ARTICLE 8

    HOLIDAYS

    Management will determine the number of employees needed to work the holiday. Full-time employees will not be mandated to work their holiday unless all PTF clerks with necessary skills and FTR volunteers have been maximized. The employer will select to work on their holiday or day designated as their holiday, in the following sequential order:

         1.     All full-time regulars who volunteer by seniority.
    2.    
    All part-time flexibles who volunteer by seniority.
    3.    
    All part-time flexible non-volunteers by inverse seniority.
    4.     All clerk craft casuals
    5.     All full-time regular non-volunteers by inverse seniority.

    ARTICLE 9

    SCHEDULING OF ANNUAL LEAVE

    1.     Vacation planning as hereinafter provided is clarified for local application within the framework of and not conflicting with the National Agreement. The appropriate supervisor shall be responsible for scheduling and granting annual leave. Requests for annual leave during the choice vacation period, submitted prior to the deadline shall be awarded by craft seniority.

    2.     The dates of the choice vacation period shall be from February 1st- November 30th. The week between Christmas and New Years shall also be a choice vacation period.

    3.     A choice is up to 5, 10 or 15 continuous days as per Article 10 of the Collective Bargaining Agreement. An employee shall have the option to select either one or two periods of continuous annual leave during the choice vacation period as per Article 10.3.d of the collective bargaining agreement.( For example:  Clerk A selects April 5-April 10 as her first
    choice,  and September 20 – 30 as her 2nd choice.  Clerk A is approved for 5 continuous days and 10 continuous days for a total for 15 days.  Clerk B selects   June 1 – June 16 for her first choice.  Clerk B is approved for 15 continuous days and does not get 2nd choice.)

    4.     The vacation applied for may start at any day of the week, at each  employee’s option.       

        5.     There shall be a minimum of one clerk off during the choice vacation periods.

        6.     The employer shall notify the employees in a stand up talk in December that submissions (3971’s) for all choice vacation periods will be due by January 10th.

    7.     The leave calendar for the 1st choice will be started on January 1st. Each clerk will keep the leave calendar no longer than 48 hours before passing to the next senior clerk. After each clerk has had their first choice approved, the leave calendar will go around for the 2nd choice by seniority. No clerk will keep the leave calendar longer then 48 hours. 3971’s for 1st and 2nd choices will be returned to the clerks no later than January 15th.

    8.     Jury duty, military, duty and attendance to an APWU national, regional, or state convention or assembly shall not be charged to the choice vacation period.

    9.     Rehab clerks shall be included in the section for choice vacation planning.

    10. One (1) clerk shall be allowed leave each week during the choice vacation period.

    11. All applications for annual leave for the choice vacation period shall be submitted to the employee’s supervisor, in triplicate, on PS Form 3971. A leave chart shall be posted showing the approved vacation period for each employee during the choice vacation period. The leave chart shall be posted no later then February 1st.

    12. Employees who find that they are unable to take their approved choice vacation period shall notify the supervisor as soon as it has become evident they do not intend to use the granted period. These vacated periods shall be posted in the unit upon notification for a period of ten (10) days and granting leave for reverted periods shall be by craft seniority. Employees shall notify the supervisor via PS Form 3971 when they cancel a prior approved choice annual leave request, annotating “cancel approved annual leave”, and a copy will be provided to the Union.

    13. Requests for periods of annual leave other then during the choice vacation period shall be granted on an as available, first-come, first-served basis. Seniority shall be used only to break a tie when requests are submitted on the same day at the same time. Application for non-choice vacation leave shall be submitted in triplicate to the employee’s immediate supervisor. The supervisor shall initial and return the triplicate copy, not indicating approval or disapproval, only receipt. Duplicates of requests shall be returned with action indicated within 72 hours after submission. If duplicate is not returned within 72 hours after submission of PS Form 3971, the leave shall be granted. Requests for annual leave other then the choice vacation will not be accepted more then 45 days prior to the actual date requested.**Unless the employee can show a legitimate reason for making the request in advance of the 45 day period.

    ARTICLE 10.

    ASSIGNMENT OF ILL OR INJURED EMPLOYEES

    1.     It is hereby agreed to by all parties concerned that the earliest possible return to duty of any ill or injured employee is in the best interest of the Postal Service and the individual concerned, consistent with medical determination of the attending medical authority.

    2.     Any and all written requests from an employee for a temporary or permanent change in duty assignment submitted per the provisions of Article 13 of the Collective Bargaining Agreement shall be submitted as soon as possible. Each light duty request shall be acted upon based on its own merit and may not be cited as precedent in past or future requests. Management shall accommodate injured employees within their medical restrictions to the extent that said work is available in accordance with Article 13 of the Collective Bargaining Agreement.

    3.      The employee’s request must be in writing along with medical documentation from their licensed health care professional. The documentation must contain medical restrictions, outlining the restrictions which have been placed on the employee by his/her health care provider, with the anticipated convalescence period.

    4.     If management determines there is no work available within the restrictions, the Postmaster, or designee, and the Union President, or designee, shall be notified.

    5.     The employee is required to inform management of any changes to their medical restrictions.

    6.     Under no circumstances will an employee work in excess of their medical restrictions.

    7.     Any time a clerk requests or is denied light duty, the APWU steward will be notified.

    ARTICLE 11

    OVERTIME

    1.     Overtime is defined as time worked in excess of eight (8) hours in a work day for career employees

    2.     The Overtime Desired List shall be posted for signing two (2) weeks prior to the end of each quarter.

    3.     The pecking order for overtime assignments in the Hereford Post Office is as follows:

         a.     Full-time regulars on the OTDL.
    b.   
    Part-time flexibles- hours to be rotated.
    c.    
    Full-time regulars not on the OTDL by juniority
    d.    Clerk Craft casuals after the career employees have been maxed out ( 60 hrs)

    4.     At least one hour’s advanced notice shall be given when overtime is required.

    5.     Any employee converted to full-time during the quarter shall be offered the opportunity to sign the OTDL for that quarter within ten (10) days of their conversion.

    ARTICLE 12

    NOTICE TO UNIONS
     

    1.     Seniority list shall be posted as needed, and a copy mailed to the Local Union President within ten (10) days of such posting.

    2.     PS Form 1723 indicating assignment of any craft employee to a 204-B or any other non-bargaining unit position shall be sent to the Local Union President.

    3.     Information to include beginning and ending time of such assignment.

    ARTICLE 13

    TERMINATION OR CURTAILMENT OF POSTAL OPERATIONS

    The parties recognize that the Postal service is the most vital part of the communications machinery of the United States of America, and that, historically, this post office has provided this service to the public without interruption. Therefore, as a matter of policy, postal operations will not be terminated at the post office until the Postmaster determines that the conditions so warrant. Reasonable consideration shall be given, but not limited to, such conditions as:

         1.     The safety and health of the employee.
    2.    
    Civil disorders.
    3.    
    Acts of God.
    4.    
    Hazardous weather conditions.
    5.    
    Advice of local authorities.
    6.    
    Bomb threats.

    Management shall notify the employees, at the earliest possible time, of termination or curtailment of postal operations. Such notification may be made by telephone and/or available public media, such as radio or television.